The Rice Thresher (Houston, Tex.), Vol. 37, No. 3, Ed. 1 Friday, October 7, 1949 Page: 4 of 8
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Four
THE THRESHER
Writer Analyzes Communist Trials
Eleven Communists On Trial
For Conspiracy In New York
by Finis Cowan
This morning in the Southern District of New York City
one of the most important and dramatic political trials in the
United States history is being summarized. The defendants,
eleven Communist Party members, are charged with conspiring
"to advocate and teach the duty and necessity of overthrowing
the government of the United States by force and violence."
When the trial opened on,
January 17, three-hundred and upon which this trial rests. The first
Sixty New York police, the
largest force ever assigned to
is the Smith Act of June 28, 1940.
On June 28, the New York Times
. had an eight page banner proclaim-
H court case, were on duty to i ing "Republicans Nominate Wendell
balk expected demonstrations, j Wilkie." The entire paper was filled
It was then optimistically pre-
dicted that the trial would last
approximately two months.
There are two critical documents
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IT PAYS TO BE
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with national election news and news
of the foreign war. The Smith Act
was not even mentioned that day
or the following day. Thus, it can
be seen that the Smith Act was a
relatively obscure preparedness
measure and the portion of the bill
under which the Federal Grand Jury
indicted the Communist leaders was
an unimportant bearing little rela-
tion to the rest of the bill. In the
Times feature printed the next Sun-
day, Section 2, which is the section
that applies to the Communists to-
day, was not mentioned. The New
York Times never printed the bill
verbatim and unless the bill is hid-
den, it is not printed anywhere in
the Fondren Library. However, the
measure evidently forbids a secret
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conspiracy leading toward illegal
acts.
Abe second document is the go-
vernment's indictment. The indict-
ment charges that defendants "un-
lawfully, wilfully, and knowingly did
conspire with each other and with
divers other persons to the grand
jurors unknown, to organize as the
Communist Party of the United
States a society, group and assembly
of persons who teach and advocate
the overthrow and destruction of the
United States by force and violence."
The significant word in the indict-
ment is "conspire."
Court Problems
Thus, the problem of the court
becomes whether or not the eleven
Communists were engaging in a se-
cret conspiracy aiming toward illegal
acts.
The trial has been characterized
by a variation between spectacular
excitement and deadening boredom.
The defense opened proceedings
with a virulent challenge. Counsel
for defense claimed that the New
York method of choosing juniors was
rigged against workers, Negroes, the
foreign-born, and women. Finally a
jury was chosen consisting of twelve
juriors and four alternates. Of the
sixteen, three were Negroes, eleven
were women. The foreman is Mrs.
Thelma Dial, a Ngro dressmaker.
The large legal problem which
has arisen is whether or not the
United States government has the
right to try the Communists. The
definitive debate on this question
was held between Morris Ernst and
Roger Baldwin, both outstanding
members of the American Civil Li-
berties Union.
Ernst Position
The position of "Morris Ernst is
that the Smith Act, under which the
Communists are being tried, is ap-
plied to secret conspiracy leading to-
ward illegal acts, is in accordance
with American principles. He goes
on to defend the right of the Com-
munists to advocate publicly the
overthrow of the government and to
point that the Communists even
have the right to advocate the ulti-
mate use of violence; but, he adds,
the issue in the present trial is not
that of advocating or not advocating
the overthrow of the government by
force, but the issue is that of secyet
conspiracy.
Mr. Ernst says that the great
principle which has historically been
used in cases of this kind is that of
Justice Holmes. Holmes urged that
no restriction should be placed on
the activities of any group until that
group presented a "clear and present
danger" to the government. Ernst
holds this doctrine entirely inade-
quate and points out that there has
never been a "clear and present dan-
ger" to any government until it was
too late to do anything about it.
He points to Quisling in Norway and
the coup in Czechoslovakia as ex-
amples of cases where it was too
late when there was a "clear and
present danger."
Ernst suggests the doctrine of
Justice Brandeis as being preferable
to that of Holmes. Brandeis said that
the overriding question is whether,
in the given situation, society has
a chance to counteract what is being
done and has the opportunity to pro-
tect itself. He says, "If there is a
public debate, society certainly has
that chance. But the essence of
plotting for a revolutionary coup
is its secrecy. If the end to be ob-
tained is illegal, and the means are
secret, the acts of individuals and
groups should be prevented by law
whether the size of their effort is
large or small."
Dispute Basis
The basis of disagreement be-
tween Ernst and Baldwin is whether
or not the Communists are being
tried for a conspiracy or for teach-
ing the ' doctrines of Communism.
Roger Baldwin, Director of the
American Civil Liberties Uuion,
maintains that the Communists are
being tried not for any conspiracy
but for holding beliefs which the
government considers dangerous. He
points out that if the Communists
are being tried for conspiracy they
should have been tried under the
General Conspiracy Statute instead
of under the Smith Act which has
been used several times before in
subverting the right of free speech.
The Smith Act was used against the
Minnesota Trotskyites and against
alleged pro-Nazis in the District of
Columbia. Both Ernest and Baldwin
agree that Communists have both a
legal and a moral right to advocate
the overthrow of the United States
government by force. Both agree
that secret conspiracies are contrary
to the ideal of free speech; but, the
disagreement comes upon whether
or not the government's indictment
means what it says when it accuses
the leaders of the Communist par-
ty of "unlawfully, wilfully, and
knowingly" conspiring with "each
other and with divers other per-
sons."
It is impossible to predict the out-
come of the trial, but it can safely
be surmised that the Smith Act's
constitutionality will be tested be-
fore the Supreme Court some time
in the future.
Your friendly neighborhood bank
Conveniently Located in
McCarthy center
— We Welcome Student and Faculty Accounts —
BELLAIRE STATE BANK
Member FDIC
E. BOB LOEWENTHAL
Photographer
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• MODERN PHOTOGRAPHY
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• HOME AND CHILDREN
• COMMERCIAL WORK
• PORTRAITS
• COPIES
Member The Photographers Association of America
— HOUSTON 4, TEXAS —
FIVE ALUMNI —
(Continued fx'om Page 1)
1917; Mr. Garfield who received his
BS in EE in 1926, and Mr. Ray who
received his BS in ME in 1925.
Until a regular 4 year rotation
plan has been established, 2 of
these men will serve 1 year, 2 ^for
2 years, 2 for 3 years and 2 for 4
years.
The new board, which brings 5
Rice alumni into direction of Rice's
affairs, is the result of more than
2 years of study of the governing
groups of American universities and
is a part of the long range program
adopted by the Institute ih 1945.
This 12-point program is aimed
at even higher standards of scholar-
ship, instruction and facilities. A
number of its objectives have been
achieved, particularly in connection
with the post war building program.
! "The long, range program for
i Rice has created problems of man-
agement and planning that the new
board, with its special skills and
; broad practical knowledge will be
well fitted to solve," said Mr. Hans-
zen.
Formed primarily to serve in an
advisory capacity, the board of gov-
ernors will have no power of exe-
cution.
Four committees have been formed
from the group, each having a trus-
tee as a chairman.
The Alumni and Student Activi-
ties Committee, headed by Dr. Fred-
jerick Lummis is composed of Mr.
Ray and Mr. Fendley, the Grounds
and Building committee with George
Brown as Chairman has Mr. Allen
and Mr. Garfield for members.
Mr. Hanszen is chairman of the
Oil Investments Committee with the
othef'two members being Mr. Golds-
ton and Mr. Ivy. Mr. Doherty and
Mr. Whittington are members of
the Finance Committee with Gus
Wortham as chairman.
Markle Appointed
To Forum Group
At the Student Council meeting
Tuesday night the appointment of
Nancy Markle, sophomore academic
student, to the Forum Committee
was approved. Nancy will fill the
position vacated by Patricia Penn,
who resigned last week. She will
serve as secretary of the group for
the year.
Meetings of the Committee have
been regularly scheduled for Mon-
day at noon, in Room 103, Anderson
Hall. Members of the Committee in-
clude Joe Elkins, chairman, Dan
Bloxom, Ruey Boone, Finis Cowan,
Don Eddy, Farrell Fulton, Dewey
Gonsoulin, Werner Granbaum, Nan-
cy Markle, Raymond O'Keefe, and
Jack Lapin. Faculty members are
Dr. Hardin Craig, Dr. James Ful-
ton Mr. Allen Chapman, Mr. Jo-
seph Pequigney.
0
AIChE Meeting
The AlChe will hold a regular
meeting in the lecture lounge of
Fondren library Wednesday evening,
October 12, at 7:00 p.m. The pro-
gram will include two moving pic-
tures on the development of an oil
field presented by Mr. Bugbee, pro-
duction manager of Shell Oil Com-
pany. All members and other per-
sons interested in the subject are
cordially invited to attend.
0
Owl Party Saturday
The O.W.L.S. will give their first
party for all new women students
Saturday, October 8. They will leave
from Sallyport at noon.
Campus Parking
Rules Are Listed
Automobiles
Providing that operation is safe
and proper, automobiles may be
driven on the campus roads. A slow
speed is demanded and pedestrians
have the right of way at crossroads.
Parking
Cars must be parked only in the
parking areas provided and shown
on the map below.
Parking Lot No. 4 (PL 4) is for
use by only dormitory residents and,
together with the length of road
that is curbed between South and
North Halls where cars may be
single, parallel parked, is the only
place on the campus to be used for
parking by residents of the Halls.
Parking Lots Nos. 1, 2, and 3,
(PL 1), (PL 2), (PL 3), are for use
only by students not living on the
campus and are the only places
where such students may park cars.
Cars are not to be parked on any
of the roads or in places other than
parking lots.
All cars must bear a Rice Institute
Campus Parking numbei-ed sticker.
Stickers are available in the office
of the Dean of Students.
VIOLATION OF THESE REGU-
LATIONS WILL RESULT IN
WITHDRAWAL OF THE RIGHT
TO BRING CARS ONTO THE
CAMPUS.
4111 OMMW
1 I I 1
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The Rice Thresher (Houston, Tex.), Vol. 37, No. 3, Ed. 1 Friday, October 7, 1949, newspaper, October 7, 1949; Houston, Texas. (https://texashistory.unt.edu/ark:/67531/metapth230817/m1/4/: accessed July 18, 2024), University of North Texas Libraries, The Portal to Texas History, https://texashistory.unt.edu; crediting Rice University Woodson Research Center.